Sunday, December 15th, 2024

Places of Worship Act 1991 challenged in Supreme Court, three judge bench will give its verdict today

New Delhi:The Supreme Court will today hear several public interest litigations (PILs) challenging the validity of certain sections of the Places of Worship (Special Provisions) Act, 1991. This law, enacted on August 15, 1947, prohibits filing a lawsuit to change the character of places of worship or to get them back. A three-judge bench of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan will hear the case. A major petition filed by Ashwini Upadhyay sought quashing of sections 2, 3 and 4 of the Act. Is. They argue that these provisions do not entitle individuals and religious groups to judicial remedies to reclaim places of worship. Former Rajya Sabha MP Subramanian Swamy has requested the court to read down some provisions. This will allow Hindus to lay claim to disputed sites like the Gyanvapi Mosque in Varanasi and the Shahi Idgah Mosque in Mathura.

Read down means making parts of the law less effective or changing their interpretation. However, Upadhyay opposed this view, saying that the law is unconstitutional and there is no question of readdown.

What is the Places of Worship Act 1991?
The Places of Worship (Special Provisions) Act, 1991 prohibits changing any place of worship. It orders to maintain their religious status as it stood on August 15, 1947. It contains provisions to address issues connected with or incidental to this purpose. However, the Act exempts the Ram Janmabhoomi-Babri Masjid dispute in Ayodhya from it. The petitions challenging the Act have criticized the arbitrary and irrational retrospective cut-off date of August 15, 1947. They argue that it protects against encroachments from radical-brutal invaders and law-breakers.

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